[Senate Report 106-186]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 320
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-186

======================================================================



 
              CORINTH BATTLEFIELD PRESERVATION ACT OF 1999

                                _______
                                

                October 14, 1999.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1117]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1117) to establish the Corinth Unit of 
Shiloh National Military Park, in the vicinity of the city of 
Corinth, Mississippi, and in the State of Tennessee, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. On page 4, line 8 strike ``Corinth Unit'' and insert 
``Park Boundary--Corinth Unit''.
    2. On page 4, strike line 23 and all that follows through 
page 5, line 5 and insert:
    ``(1) the tract consisting of approximately 20 acres 
generally depicted as `Battery Robinett Boundary' on the Map; 
and ''.

                         purpose of the measure

    The purpose of S. 1117, as ordered reported, is to 
establish the Corinth Unit of Shiloh National Military Park in 
Mississippi and Tennessee and to authorize a special resources 
study to identify other sites in and around Corinth for 
possible inclusion in the park.

                          Background and Need

    During the Civil War the town of Corinth, Mississippi, 
located at junction of the Memphis and Charleston and the 
Mobile and Ohio Railroads, was recognized by both Confederate 
and Union commanders as being of such importance that the town 
was occupied by one or the other of the forces from 1861 and 
1865. Historians indicate that the Battle of Shiloh, in nearby 
Tennessee, was ``supposed to have taken place in Corinth.'' 
Instead, Confederate General Johnston decided to strike the 
Federal forces at Pittsburgh Landing (Shiloh) rather than let 
them attack Corinth. A two day battle on April 7 and 8, 1862 
ensued and on day two the Confederate troops retreated to 
Corinth. Of the 65,000 Union and 24,000 Confederate troops 
involved, about 24,000 were killed, wounded or reported 
missing.
    A 30-day siege of Corinth began on April 30, 1862. On May 
30th Union troops arrived to find a deserted village. In late 
September a Confederate effort to retake the town began and on 
October 3 and 4 the Battle of Corinth took place. However, the 
Confederate forces were forced to retreat. Thereafter Union 
forces occupied the town until May 1864.
    Another chapter in the history of Corinth began in late 
1862 when a ``contraband camp'' was established. For just over 
a year, this camp housed recently freed slaves from 
Mississippi, Tennessee and Alabama. Estimates of the number of 
freedmen at Corinth at any one time range from 1,500 to 6,000 
with numbers fluctuating widely on a regular basis. The camp 
was considered a model, but not a typical camp. It contained 
homes, gardens, small cotton fields, schools, churches and a 
hospital. From this camp came some of the first black recruits 
for the Union Army including the First Alabama Infantry of 
African Descent, which later became the ``55th Colored 
Infantry''. In early 1864 the evacuation and eventual 
destruction of the camp took place.
    Although a National Cemetery was established in 1866, most 
efforts over the years to commemorate the Civil War in Corinth 
were coordinated on a local basis. However, in 1991 a Siege and 
Battle of Corinth National Historic Landmark Study was 
completed and included 16 sites that are identified with the 
proposed Unit. Private land has been purchased by the Friends 
of the Siege and Battle of Corinth, in most cases using funds 
from the Civil War Trust which were raised from the sale of 
Civil War commemorative coins.
    Recent mapping and documentation projects have involved a 
number of organizations including the National Park Service's 
Battlefield Protection Program, the Siege and Battle of Corinth 
Commission, the Mississippi Department of Archives and History, 
Alcorn County, the city of Corinth and the Tennessee Division 
of Archaeology. Local support for adding a Corinth Unit to 
Shiloh NMP has been described as very high.
    Section 602 of Title VI of Public Law 104-333, the Omnibus 
Parks and Public Lands Management Act of 1996, authorized a 
visitor center to interpret the Siege and Battle of Corinth. 
The Secretary of the Interior was directed to acquire a site 
for the construction of a center and was directed to operate 
and maintain the property and center as part of Shiloh National 
Military Park. The FY 1999 budget for the National Park Service 
included $1 million for planning and design of the center.

                          Legislative History

    S. 1117 was introduced by Senators Lott, Cochran, Robb and 
Jeffords on May 25, 1999. The Subcommittee on National Parks, 
Historic Preservation and Recreation held a hearing on S. 1117 
on July 29, 1999.
    At its business meeting on September 22, 1999, the 
Committee on Energy and Natural Resources ordered S. 1117, 
favorably reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 22, 1999, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1117, if amended as described herein.

                          Committee Amendment

    During the consideration S. 1117, the Committee adopted two 
technical and clarifying amendments which correct the map 
reference and clarify that the 20-acre Battery Robinett site is 
to be the location of the interpretive center.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``Corinth Battlefield Preservation Act of 1999''.
    Section 2(a) contains Congressional findings. In 1996, 
Congress authorized the establishment and construction of a 
center to facilitate the interpretation of the Siege and Battle 
of Corinth as well as to enhance public understanding of the 
Corinth campaign. These efforts are to be in cooperation with 
State and local entities, private organizations and 
individuals. The Civil War Sites Advisory Commission ranked the 
Corinth Battlefield as a priority 1 site having a need for 
coordinated nationwide action by the year 2000. There is 
national interest in protecting and preserving Civil War sites 
and the states of Mississippi and Tennessee have the authority 
to prevent or minimize adverse uses. Both states can play 
significant roles in protection efforts.
    Subsection (b)(1) defines the purposes of the Act, which 
are: (1) To establish the Corinth Unit of Shiloh National 
Military Park in Corinth, Mississippi and in Tennessee; (2) to 
direct the Secretary of the Interior, in cooperation with the 
States of Mississippi and Tennessee, the city of Corinth, other 
public entities and members of the private sector, to manage, 
protect and interpret the resources associated with the Civil 
War Siege and Battle of Corinth; and (3) to direct the 
Secretary of the Interior to prepare a special resource study 
to identify other Civil War sites in and around Corinth that 
are consistent with the themes of the Siege and Battle of 
Corinth.
    Section 3 defines ``Map'' as to be the one entitled ``Park 
Boundary--Corinth Unit,'' numbered 304/80,007 and dated October 
1998; ``Park'' as Shiloh National Military Park; ``Secretary'' 
as the Secretary of the Interior; and ``Unit'' as the Corinth 
Unit of Shiloh Military Park.
    Section 4(a) establishes the Corinth Unit of Shiloh 
National Military Park in Mississippi and Tennessee.
    Subsection (b) describes the Unit to be made up of a tract 
of approximately 20 acres that contains the Battery Robinett 
that is to be the site of the interpretive center authorized in 
1996. Other land may be included if determined suitable for 
inclusion in the Unit, provided that it is owned by a public 
entity or a nonprofit organization and was included in the 
January 8, 1991 Siege and Battle of Corinth National Historic 
Landmark Study.
    Subsection (c) directs that the map is to be on file and 
available for public inspection, in the office of the Director 
of the National Park Service.
    Section 5 allows the Secretary to acquire land and 
interests in land within the boundary of the Park, as shown on 
the map. It may be obtained by donation, purchase with donated 
or appropriated funds or exchange. However, land owned by the 
States of Mississippi or Tennessee or the ``Friends of the 
Siege and Battle of Corinth'' may only be acquired by donation.
    Section 6(a) directs the Secretary to administer the Unit 
in accordance with laws generally applicable to the National 
Park System, including the National Park Service Organic Act 
and the Historic Sites Act.
    Subsection (b) requires the Secretary, in accordance with 
section 602 of Public Law 104-333, the Omnibus Parks and Public 
Lands Management Act of 1996 (16 U.S.C. 430f-5) to: (1) 
Commemorate and interpret the Siege and Battle of Corinth and 
other area Civil War actions, within the larger context of the 
War and American History, including the role of the siege and 
battle in the western theater of the War; and (2) identify and 
preserve features from the era in and around the city of 
Corinth. Specific categories include: the role of railroads in 
the War; the story of the Corinth contraband camp; and the 
development of field fortifications as a tactic of war.
    Subsection (c)(1) authorizes the Secretary to enter into 
cooperative agreements with public and private sector entities 
including colleges and universities, historical societies, 
State and local agencies and nonprofit organizations.
    Paragraph (2) allows for technical assistance to develop 
cooperative land use strategies and conduct activities that 
facilitate the conservation of historic, cultural, natural, and 
scenic resources of the Unit. The list of potential recipients 
includes the States of Mississippi and Tennessee, governmental 
entities, nonprofit organizations and private property owners.
    Subsection (d) prohibits the Secretary from owning or 
managing resources outside of the Unit.
    Section 7(a) directs the Secretary to conduct a special 
resources study to determine if additional properties in 
Mississippi and Tennessee are appropriate for inclusion in the 
Unit. They may be currently owned by the States, nonprofit 
organizations or private property owners.
    Subsection (b) provides that the study shall: (1) Identify 
the full range of resources and themes associated with the 
Siege and Battle of Corinth; (2) identify alternatives for 
preserving features that represent both military and civilian 
themes involving the roles of the railroad, the contraband camp 
and the development of field fortifications as a tactic of war; 
(3) identify a wide range of potential partners to support 
efforts to carry out this Act; (4) identify alternatives to 
avoid land use conflicts; and (5) include cost estimates for 
actions associated with the alternatives, specifically 
acquisition, development, interpretation, operation, and 
maintenance.
    Subsection (c) requires that the study be submitted to the 
Senate Committee on Energy and Natural Resources and the House 
of Representatives Committee on Resources within 18 months 
after the date funds are made available for the study.
    Section 8 authorizes funds necessary to carry out this Act, 
including $3 million for the construction of an interpretive 
center that was authorized under section 602(d) of title VI of 
Public Law 104-333, the Omnibus Parks and Public Lands 
Management Act of 1996 (16 U.S.C. 430f-5(d)).

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 1999.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1117, the Corinth 
Battlefield Preservation Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1117-Corinth Battlefield Preservation Act of 1999

    Assuming appropriation of the necessary amounts, CBO 
estimates that the federal government would spend about $4 
million to implement S. 1117 over the next five years. The bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 1117 contains no 
private-sector or intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    S. 1117 would establish the Corinth Unit of the Shiloh 
National Military Park. The site of the new unit is currently 
within the Siege and Battle of Corinth National Historic 
Landmark in Mississippi and Tennessee. Initially, the unit 
would consist of about 20 acres known as the Battery Robinett, 
which is already owned by the National Park Service (NPS). In 
addition, the NPS would be authorized to acquire other land by 
donation provided that such property is owned by either a 
public agency or a nonprofit organization and that it has been 
identified in the Siege and Battle of Corinth National Historic 
Landmark Study of 1991.
    Section 7 of the bill would direct the NPS to conduct a 
special resource study of land around the city of Corinth and 
nearby parts of Tennessee to identify other significant 
resources associated with the Civil War and recommend 
alternatives for preserving them. Finally, section 8 would 
authorize the appropriation of whatever amounts are necessary 
to carry out the legislation, including an additional $3 
million for the construction of an interpretive center 
authorized by the Congress in 1996. This amount would 
supplement an existing authorization for NPS to spend $6 
million at the Corinth Unit.
    We estimate that the agency would incur additional expenses 
of about $1 million to prepare a special resource study over 
the next 18 months, and implement other provisions of the bill.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1117. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities of private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 1117, as ordered reported.

                        executive communications

    On July 29, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth executive views on S. 1117. These reports had not been 
received at the time the report on S. 1117 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate. The testimony provided by the National Park Service at 
the Subcommittee hearing follows:

  Statement of Denis P. Galvin, Deputy Director, National Park Service

    Mr. Chairman, thank you for the opportunity to testify on 
S. 1117, to establish the Corinth Unit of Shiloh National 
Military Park, in the vicinity of Corinth, Mississippi, and in 
the State of Tennessee. The Department supports this 
legislation.
    S. 1117 would build on legislation Congress approved three 
years ago to establish a National Park Service interpretive 
center at Corinth Battlefield. The legislation would enable the 
National Park Service to take the next step toward ensuring 
permanent protection and recognition of Corinth's rich Civil 
War heritage by acquiring, protecting, and interpreting 
nationally significant resources associated with the city's 
1862 siege and battle.
    The city of Corinth, located in Mississippi near the border 
of Tennessee, was the junction of the Confederacy's main north-
south and east-west railroads and, as such, its control was key 
to control of the Confederacy's movement of troops and 
supplies. Because of this strategic crossing, numerous 
fortifications were constructed and battles were waged. 
Scattered through the surrounding hills of Corinth are intact 
military fortifications that attest to the crossing's 
importance.
    For six months in 1862, Corinth was second only to Richmond 
in strategic importance. It is said that the Battle of Shiloh, 
23 miles to the north, where General Johnston's Confederate 
army surprised General Grant's Union army in April 1862, was 
fought for control of the 22 square feet where the rail lines 
met.
    Following the Union victory at Shiloh, the Confederate army 
retreated to its base in Corinth. Not wishing to be surprised 
again, Union forces next planned a much more cautious advance 
on Corinth. These maneuvers began in early May and constitute 
the ``Siege of Corinth.'' Several weeks later, after numerous 
skirmishes, rather than risk capture, the outnumbered 
Confederate army abandoned Corinth. An abortive Confederate 
attempt to retake the city in October resulted in the ``Battle 
of Corinth.'' Union armies then resumed an occupation that 
featured construction of some of the most advanced 
fortifications of the time to prevent the recapture of Corinth.
    After the Union secured Corinth, newly emancipated slaves 
from Mississippi, Tennessee and Alabama sought refuge there. By 
March 1863, over 3,500 former slaves were housed at a camp in 
Corinth. Two of the first African-American Union infantry 
regiments were raised there.
    The Civil War Sites Advisory Commission identified the 1862 
Corinth battle site as a ``priority 1'' battlefield, one with 
critical need for coordinated nationwide action by the year 
2000. Although the Commission reported that the sites represent 
an area that had a decisive impact on a military campaign, and 
a direct impact on the course of the war, the Corinth siege 
sites were rated a ``priority 4'' battlefield more because of 
their linear, fragmented nature than because of the integrity 
of their individual components. An important step toward 
recognition and protection of Corinth occurred in 1991, when 
areas associated with the Siege and Battle of Corinth were 
designated as a National Historic Landmark. Another important 
move occurred in 1996, when Congress authorized the 
interpretive center as part of the Omnibus Parks and Public 
Lands Management Act (Public Law 104-333). We agree with 
Senator Lott that it is time to take a further step to provide 
protection and interpretation for the significant historical 
events and resources at Corinth.
    S. 1117 would establish a unit of Shiloh National Military 
Park comprised of the 20 acres containing the Battery Robinett, 
which will also be the site of the National Park Service 
interpretive center for Corinth, currently in the early stages 
of planning. The Corinth Unit could also contain other areas 
that the Secretary of the Interior determines to be suitable 
for inclusion, but only if they are already owned by a public 
entity or nonprofit organization and have been identified by 
the Siege and Battle of Corinth National Historic Landmark 
Study (January 8, 1991).
    Normally, the Department would be reluctant to support 
authorizing the addition of a new area to the National Park 
System without first conducting a special resource study. In 
this case, however, Congress in a sense has already authorized 
this unit by authorizing the National Park Service to construct 
and manage an interpretive site there and to acquire the 
property necessary for the site. Linking the two sites for 
interpretive as well as management purposes would enable the 
National Park Service to more fully tell a story that goes 
beyond the battle tactics that are interpreted so well as 
Shiloh Battlefield--the broader story of the Civil War's causes 
and its impacts on civilian life.
    We anticipate that there would be no land acquisition costs 
to the Federal government associated with the establishment of 
the Corinth Unit. The 20-acre Battery Robinett has already been 
donated to the National Park Service by the City of Corinth 
under authority of the 1996 law establishing the center. S. 
1117 specifies that land can be added to the unit only if it is 
already owned by a public or nonprofit entity and can be 
acquired only by donation if it is owned by state and local 
governments or by the organization called the Friends of the 
Siege and Battle of Corinth. The Siege and Battle of Corinth 
National Historic Landmark Study identified about 448 acres of 
land in 15 noncontiguous sites, in addition to the 20-acre 
Battery Robinett site already owned by the National Park 
Service, for National Historic Landmark status. The ``Friends'' 
organization currently owns about 210 acres that would be 
eligible for donation to the unit. If the local government and 
the ``Friends'' organization were to acquire and donate all of 
the eligible land--not likely, but possible--the Corinth Unit 
would be about 468 acres.
    S. 1117 would also authorize a study of land in and around 
the city of Corinth and nearby areas in Tennessee that have a 
relationship to the Siege and Battle of Corinth in 1862 to 
determine whether additional lands, beyond those included in 
the unit by this bill, are appropriate for inclusion in the 
unit. This would enable the National Park Service to recommend 
the inclusion of lands that are significant to the site but 
that do not meet the criteria for inclusion to the Corinth Unit 
under this legislation.
    Also, in an acknowledgement of the important role that 
organizations and individuals outside of the National Park 
Service have had and will continue to have in assisting in the 
protection and interpretation of Corinth, S. 1117 allows the 
Secretary to enter into cooperative agreements for such work 
with colleges and universities, historical societies and other 
nonprofit organizations, and State and local agencies. It also 
allows the Secretary to provide technical assistance for 
protection, interpretation, or commemoration.
    Mr. Chairman, that concludes my remarks. I will be pleased 
to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1117, as ordered 
reported.

                                  
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